2023-10-09 CITY COUNCIL REGULAR MEETING AGENDA The following will be presented before the City Council Meeting:
PROCLAMATIONS
Fire Prevention Week
National Code Compliance Month
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CITY COUNCIL REGULAR MEETING
AGENDA
MONDAY, OCTOBER 9, 2023 6:30 P.M.
PEARLAND CITY HALL ICOUNCIL CHAMBERS 13519 LIBERTY DRIVE
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF
AMERICA FLAG AND TEXAS FLAG
III. ROLL CALL AND CERTIFICATION OF QUORUM
Mayor J. Kevin Cole, Mayor Pro-Tem Joseph Koza, Councilmembers Tony
Carbone, Alex Kamkar, Adrian Hernandez, Layni Cade, Jeffrey Barry, Rushi
Patel.
IV. CITIZEN COMMENTS
In order to hear all citizen comments at a reasonable hour, the City Council requests
that speakers respect the three-minute time limit for individual comments and the five-
minute time limit for an individual speaking on behalf of a group. This is not a
question-answer session, however, it is an opportunity to voice your thoughts with City
Council.
V. PUBLIC HEARING NO. 1
1. Public Hearing - A third public hearing and commencement of a second 30-
day comment period on the FY 2024 Community Development Block Grant
(CDBG) Annual Action Plan (HUD Program Year 2023) spending priorities for
the allocation of $466,162 from the U.S. Department of Housing and Urban
Development: CDBG Award No. B-23-MC-48-0400.
CDBG FY 24 (HUD PY 2023) - 3rd Public Hearing and Additional Comment
Period AIR-23-492 - Pdf
City Council - Oct 09 2023
VI. PUBLIC HEARING NO. 2
2. Public Hearing: A request by R. Steven Husmann, Husmann Architecture,
PLLC., applicant, on behalf of ERS RE Holdings, owner, for approval of a
Conditional Use Permit (CUP) for an Office within the Light Industrial--- (M-1)
District, on approximately 2.0923 acres of land, to wit:
Legal Description: Lot 1, in Block 1, Minor Plat of Rice Drier Commercial Park
No. 2, a subdivision in Brazoria County, Texas, according to the filed plat
recorded in County Clerk's File No. 2023030527 in the Plat records of Brazoria
County, Texas.
General Location: East of 4300 Rice Drier Road.
Public Hearing: Conditional Use Permit Application CUP23-15 AIR-23-511 -
Pdf
VII. NEW BUSINESS NO. 1
1. Consideration and Possible Action - Resolution No. R2023-CUP23-15 - A
Resolution of the City Council of the City of Pearland, Texas, approving a
Conditional Use Permit (CUP) for Office use, within the Light Industrial (M-1)
District, to accommodate an office, on approximately 2.0923 acres of land,
being described as Lot 1, in Block 1, Minor Plat of Rice Drier Commercial Park
No. 2, a subdivision in Brazoria County, Texas, according to the filed plat
recorded in County Clerk's File No. 2023030527 in the Plat records of Brazoria
County, Texas (located East of 4300 Rice Drier Road). Conditional Use
Permit Application No CUP23-15, for Office use, within the Light Industrial (M-
1) District, at the request of R. Steven Husmann, Husmann Architecture,
PLLC., applicant, on behalf of ERS RE Holdings, owner, containing a savings
clause, a severability clause, and an effective date and other provisions related
to the subject.
Consideration and Possible Action: Conditional Use Permit Application CUP23-
15 AIR-23-512 - Pdf
Vill. CONSENT AGENDA
All items listed under the "Consent Agenda" are considered to be routine and require
little or no deliberation by the City Council. These items will be enacted/approved by
one motion unless a councilmember requests separate action on an item, in which
event the item will be removed from the Consent Agenda and considered by separate
action (VI. Matters Removed from Consent Agenda). Approval of the Consent Agenda
enacts the items of legislation.
A. Consideration and Possible Action - Approval of minutes of the City Council
Regular Meeting held on September 25, 2023.
Approval of Minutes AIR-23-515 - Pdf
B. Consideration and Possible Action - Resolution No. R2023-255 - A
Resolution of the City Council of the City of Pearland, Texas, ordering a
Special Election to be held on the 9th day of December 2023, establishing the
City Council - Oct 09 2023
procedure; and providing for other related matters related thereto.
Order of Special Election AIR-23-510 - Pdf
C. Consideration and Possible Action - Resolution No. R2023-257 - A
Resolution of the City Council of the City of Pearland, Texas, nominating a
candidate for a position on the board of directors of the Fort Bend County
Appraisal District.
FBCAD Board of Directors Nomination AIR-23-524 - Pdf
D. Consideration and Possible Action - Resolution No. R2023-246 - A
Resolution of the City Council of the City of Pearland, Texas, nominating a
candidate for a position on the board of directors of the Harris Central
Appraisal District.
HCAD Board of Directors Nomination AIR-23-490 - Pdf
E. Consideration and Possible Action - Resolution No. R2023-243 - A
Resolution of the City Council of the City of Pearland, Texas, appointing two
(2) representatives and two (2) alternates to the Houston-Galveston Area
Council ("H-GAC") 2024 General Assembly; and appointing one (1) delegate
and one (1) alternate to the HGAC Board of Directors.
HGAC Appointments AIR-23-481 - Pdf
F. Consideration and Possible Action — Ordinance No. 1494-4 -An Ordinance
of the City Council of the City of Pearland, Texas, amending Ordinance No.
1494-3, establishing prima facie speed limits established for vehicles under the
provisions of Section 545.356, Texas Transportation Code, upon certain
streets and highways, or parts thereof, within the corporate limits of the City of
Pearland, as set out in this ordinance and providing a penalty (FM 518 from
State Highway 288 to Smith Ranch Road).
Speed Limit Ordinance AIR-23-421 - Pdf
G. Consideration and Possible Action - Resolution No. R2023-226 - A
Resolution of the City Council of the City of Pearland, authorizing the use of
Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant
Program (HMGP) funds for the buyout acquisition of real property located at
3003 Livingston, PID No. 200345 ("Property"), to be demolished, owned, and
maintained as greenspace in perpetuity by the City of Pearland.
Hurricane Harvey FEMA Buyout- 3003 Livingston AIR-23-443 - Pdf
H. Consideration and Possible Action - Resolution No. R2023-227 - A
Resolution of the City Council of the City of Pearland, authorizing the use of
Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant
Program (HMGP) funds for the buyout acquisition of real property located at
3306 Glastonbury Drive, PID No. 258249 ("Property"), to be demolished,
owned, and maintained as greenspace in perpetuity by the City of Pearland.
Hurricane Harvey FEMA Buyout- 3306 Glastonbury AIR-23-444 - Pdf
I. Consideration and Possible Action - Resolution No. R2023-228 - A
Resolution of the City Council of the City of Pearland, authorizing the use of
Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant
Program (HMGP) funds for the buyout acquisition of real property located at
3511 Knapp Road, PID No. 196877 ("Property"), to be demolished, owned,
and maintained as greenspace in perpetuity by the City of Pearland.
City Council - Oct 09 2023
Hurricane Harvey FEMA Buyout- 3511 Knapp AIR-23-445 - Pdf
J. Consideration and Possible Action - Resolution No. R2023-239 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract associated with the Dixie Farm Road Transition
Project to MetroCity, LLC, in the amount of$317,378.00.
Dixie Farm Road Transition near Mary's Creek and Cowart's Creek Bridge
AIR-23-456 - Pdf
K. Consideration and Possible Action - Resolution No. R2023-232 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
supply contract for the purchase of automotive tires, from The Goodyear Tire
and Rubber Company through the Texas Buyboard, in the estimated amount
of$135,000.00, for the period of October 1, 2023 through September 30, 2024.
Tire Contract for City Vehicles & Equipment AIR-23-457 - Pdf
L. Consideration and Possible Action - Resolution No. R2023-240 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
supply contract through an interlocal agreement with National IPA — OMNIA
Partners for the purchase of chemical reagent, instrumentation and operational
parts/supplies from Fisher Scientific, in the estimated amount of $415,150.00,
for the period of September 22, 2023 through September 21, 2024.
Fisher Scientific Contract Renewal AIR-23-458 - Pdf
M. Consideration and Possible Action - Resolution No. R2023-249 - A
Resolution of the City Council of the City of Pearland, Texas, renewing the
purchase of Workers Compensation Excess Insurance Coverage with Midwest
Employers, in the amount of $154,272.00, for the period of October 1, 2023
through September 30, 2024.
Workers' Compensation Excess Coverage AIR-23-466 - Pdf
N. Consideration and Possible Action - Resolution No. R2023-241 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing
participation in an interlocal agreement with City of Plano for the purchase of
utility bill printing and mailing services from DataProse, in the estimated
amount of $350,000.00, for the period of October 16, 2023 through October
15, 2024.
Printing & Mailing of Water Bills AIR-23-471 - Pdf
O. Consideration and Possible Action - Resolution No. R2023-242 - A
Resolution of the City Council of the City of Pearland, Texas, awarding a
construction services contract for the Green Tee Re-Pump Project to Nerie
Brothers Construction, in the amount of$122,150.00.
Green Tee Re-Pump Construction Award AIR-23-477 - Pdf
P. Consideration and Possible Action - Resolution No. R2023-248 - A
Resolution of the City Council of the City of Pearland, Texas, authorizing a
professional service contract with Joiner Architects Incorporated, for
architectural design services associated with the Emergency Supply
Warehouse Project, in the estimated amount of$184,131.00.
Emergency Supply Warehouse Design -Award of Grant-Funded Professional
Services Agreement (Joiner Architects)AIR-23-478 - Pdf
City Council - Oct 09 2023
Q. Consideration and Possible Action - Resolution No. R2023-251 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in interlocal cooperative pricing
arrangements with participating cooperatives (Texas Department of
Information Resources and Omnia Partners) for the purchase of Information
Technology equipment and hardware from CDW Government, in the estimated
amount of$300,000.00.
Equipment and hardware purchase from CDW Government AIR-23-498 - Pdf
R. Consideration and Possible Action - Resolution No. R2023-250 - A
Resolution of The City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to participate in an interlocal cooperative pricing
arrangement with the Texas Department of Information Resources (DIR), for
the purchase of Dell Computer Equipment, in the estimated amount of
$250,000.00.
Dell equipment purchase AIR-23-499 - Pdf
S. Consideration and Possible Action - Resolution No. R2023-252 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
software maintenance contract with Tyler Technologies, Inc., for software
maintenance services in the amount of$235,879.66.
Software renewals AIR-23-501 - Pdf
T. Consideration and Possible Action - Resolution No. R2023-253 - A
Resolution of the City Council of the City of Pearland, Texas, renewing a
Software Maintenance Contract with Central Square Technologies, in the
amount of $378,599.03, for the period of October 1, 2023 through September
30, 2024.
Software renewal AIR-23-502 - Pdf
U. Consideration and Possible Action - Resolution No. R2023-254 - A
Resolution of the City Council of the City of Pearland, Texas, accepting the
City's Annual Comprehensive Financial Report, Financial Statement
Restatement for fiscal year 2022 as presented by the accounting firm of Forvis.
Acceptance of FY22 Annual Comprehensive Financial Report Financial
Statement Restatement AIR-23-513 - Pdf
City of Pearland (2022 ACFR Draft)
IX. MATTERS REMOVED FROM CONSENT AGENDA
X. OTHER BUSINESS
XI. MAYOR/COUNCIL ISSUES FOR CITY COUNCIL DISCUSSION
XII. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
The City Council will now hold a closed executive meeting pursuant to the provision of
Chapter 551, Texas Government Code, in accordance with the authority contained in:
Section 551.074- Personnel Matters - Regarding City Boards and
Commissions appointments.
City Council - Oct 09 2023
Executive Session - B&C Appointments AIR-23-483- Pdf
Section 551.087- Economic Development Negotiations- Deliberations
regarding economic development negotiations.
Executive Session- Economic Development Negotiations AIR-23-520 - Pdf
Section 551.072 - Deliberations regarding the sale, lease or exchange of real
property.
Executive Session- Sale, Purchase, Lease or Exchange of Real Property AIR-
23-530 - Pdf
XIII. NEW BUSINESS CONTINUED
1. Consideration and Possible Action - Regarding City Boards and
Commissions appointments.
Executive Session - B&C Appointments AIR-23-505- Pdf
2. Consideration and Possible Action - Regarding the sale, lease or exchange
of real property.
Executive Session- Sale, Purchase, Lease or Exchange of Real Property AIR-
23-531 - Pdf
3. Consideration and Possible Action - Regarding Economic Development
Negotiations
Executive Session- Economic Development Negotiations AIR-23-521 - Pdf
XIV. ADJOURNMENT
If you plan to attend this public meeting and you have a disability that requires special
arrangements at the meeting, please contact the City Secretary at 281.652.1840 or by e-mail at
citysecretary(a�pearlandtx.gov. Requests for special services must be received Forty-eight (48)
hours prior to the meeting time. Reasonable accommodations will be made to assist your
needs.
I, Frances Aguilar, City Secretary, do hereby certify that this Notice of Meeting was posted on
the City Hall bulletin board, a place convenient and readily accessible to the general public at all
times and to the City's website, https://www.peariandtx.gov, in compliance with Chapter 551,
Texas Government Code. This said Notice was posted at City Hall, 3519 Liberty Dr., Pearland,
Texas 77581 on October 5, 2023 by 5:30 p.m. and remained so posted continuously for at least
72 hours proceeding the scheduled time of said meeting.
Fri 'w
Frances Aguilar TRMC, MMC
City Secretary
City Council - Oct 09 2023